Donkey Kong is a world renowned gorilla from a computer game of Nintendo. And now also registered as a three-dimensional mark in the European Union. Other cartoon characters such as characters from Mario Bros have also been registered recently by Nintendo. Even the famous Pokeball has been filed as a trademark.
Cartoon characters can take many poses: running, standing, stooping, etc. A trademark registration is static and consists only limited poses. Protecting a cartoon character as a trademark concerns only the cartoon character in the position as registered. Contrary to copyright law, which is more flexible in this sense, trademark law is quite strict and follows the registration.
Despite of the limitations of such a trademark registration, this registration has some advantages. You have one (or some) pose that is protected which gives you at least the right to object similar trademarks. Not every ape or gorilla will resemble, but an objection against the ones that do can be based on copyrights and a trademark right. So, thumps up!
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